Since the global outbreak of COVID-19 in 2020, Taiwan instituted preventive measures as residents diligently followed precautions based on lessons from SARS outbreak in 2003. Up to March of 2021, Taiwan’s positive cases were in the single digits, effectively curbing the spread of COVID-19 in Taiwan.
However, an outbreak of positive COVID-10 cases among airline crew members during April 2021 led to a quick spread of local infections in Taiwan. Taiwan Central Epidemic Command Center (CECC) announced on May 15 to raise the alert level in Taipei City and New Taipei City to Level 3 until May 28, 2021, and then on May 19, the alert level was raised to Level 3 for the whole island. Recently, the Alert Level 3 was extended until June 14, 2021. All the schools were closed temporarily, while government staff and private companies started remote work when possible. If the infection cases become severe, the government may further extend the period of Alert Level 3, or raise it to Alert Level 4.
In Taiwan, Alert Level 4 means that the positive COVID-19 cases have increased up to more than 100 cases per day and at least half of these cases are of unknown origins. Under Alert Level 4, the government may announce all the economic activities including daily works be stopped, except for essential services and emergency services.
If the pandemic in Taiwan reaches Alert Level 4, the patent/trademark application related cases will be inevitably impacted. In attempting to cope with this unpredictable situation, Taiwan Intellectual Property Office (TIPO) announced measures to be implemented on patent and trademark application process during Alert Level 4. Under these measures, the statutory and designated period for a patent/trademark case will be automatically extended for the Applicant to file the required action within the next 30 days after Alert Level 4 is lifted, without requiring proof of delayed filing. On the other hand, TIPO e-filing system is expected to still be operative, and if documents are submitted by mail, the postmark date shall be used for determination of the filing date. For details, please refer to the following TIPO announcement.
TIPO Measures taken for Taiwan Patent and Trademark Applications
if COVID-19 Pandemic Reached Alert Level 4
- If Taiwan CECC has raised the COVID-19 alert to Level 4 in Taipei City, where TIPO is located, for suspension of work, then the following measures shall be taken:
- If the statutory period or designated period is delayed for patent/trademark applications, the Applicant shall complete, within 30 days after closure of work is lifted, the act that should have been fulfilled by said statutory period or designated period. As such, TIPO shall deem that the Applicant has followed the provisions for reinstatement under Article 17 of Patent Act or Article 8 of Trademark Act, and it is not required to submit any evidence thereof.
- Under Alert Level 4, the head office of TIPO will stop accepting or dispatching documents on-site by person. For TIPO branch offices/service centers located in other Prefecture/City of Taiwan that have not been announced closure of working, the Applicant may file a written application for patent or trademark case, and its postmark date by mail or receipt date marked by the service centers shall be the date of action.
- TIPO will do its best to continue providing on-line services of electronic filing and dispatching system for patent/trademark cases. When Applicant has made electronic acknowledging receipt of e-official notification, TIPO will deem the electronic dispatching service has reached the Applicant. In case the TIPO electronic system is out of order, resulting in the failure of services, TIPO will make an announcement on the official website.
- If the statutory period or designated period is delayed for patent/trademark applications, the Applicant shall complete, within 30 days after closure of work is lifted, the act that should have been fulfilled by said statutory period or designated period. As such, TIPO shall deem that the Applicant has followed the provisions for reinstatement under Article 17 of Patent Act or Article 8 of Trademark Act, and it is not required to submit any evidence thereof.
- If the Applicant or his Agent is located in a Prefecture/City where closure of work is announced, the above measures for statutory period and designated period of patent/trademark cases shall be applied with leniency.
- Where other Prefecture/City other than Taipei City has been infected by COVID-19, such that Taiwan CECC has announced Alert Level 4 in those areas for closure of work, or if the respective Prefecture/City has announced the closure of work, the concerned patent/trademark cases shall be handled based on above measures.
